在审前调查的后续阶段为道路交通事故受害人提供代理服务

V.V. Chervinskyi
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引用次数: 0

摘要

由于缺乏专业人员,调查人员工作量大,对危害道路安全和交通运营犯罪的调查往往缺乏效率。因此,车祸受害者的权利得不到保障。因此,为他们提供法律援助就显得尤为重要。本研究的目的是制定危害道路安全犯罪预审调查后续阶段的受害者代表原则。本研究采用的方法包括一般科学方法(归纳法、演绎法、分析法、综合法、类比法、建模法)和特殊方法(系统和结构分析法、逻辑法学方法、比较法学方法、社会学方法)。在考虑道路交通事故受害人代表在随后的审前调查阶段的活动时,将其划分为相互关联和相互依存的不同组成部分(程序、控制和咨询以及搜查)。系统地概述了这些组成部分相互联系的特点。在一般层面和具体的调查(侦查)行动层面,对程序和控制-咨询部分进行了不可分割的研究。对搜查部分进行了单独研究,确定了其具体组成部分、实施方法和手段。研究确定了在危害道路交通安全犯罪审前调查的后续阶段代表道路交通事故受害者的组织原则和一些战术方法。作者提出了一种方法,用于受害人代表在后期与检方代表之间形成的不同类型的互动(建设性、公务、冲突)中启动必要的调查行动。根据对乌克兰立法及其应用实践的分析,本研究确定了道路交通事故受害人代表在审前调查后续阶段的实际活动中出现的一系列问题,并提出了解决这些问题的方法。利用本研究的规定将有助于改进审判律师的活动,提高对道路交通事故受害者法律援助的有效性,并促进该领域的进一步研究。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Representation of the victim of a road traffic accident at the subsequent stage of the pre-trial investigation
Due to the lack of professional staff and the high workload of investigators, investigations into crimes against road safety and transport operation are often conducted ineffectively. As a result, the rights of victims of car accidents stay unprotected. This makes the issue of providing them with legal aid especially important. The purpose of this study was to develop the principles of victim representation at the subsequent stage of pre-trial investigation of crimes against road safety. The methods used in this study include general scientific methods (inductive, deductive, analysis, synthesis, analogy, modelling) and special methods (systemic and structural analysis, logical-legal, comparative legal, sociological). The activities of a road traffic accident victim’s representative during the subsequent stage of pre-trial investigation are considered with a division into separate components (procedural, control and advisory, and search) which are interrelated and interdependent. The features of these components in their interconnection were systematically outlined. The procedural and control-advisory components were studied inseparably from each other at the general level and at the level of concrete investigative (detective) actions. The search component was studied separately with the definition of its specific components, methods and means of their implementation. The study defined the principles of organisation and some tactical methods of representation of a road traffic accident victim at the subsequent stage of pre-trial investigation of crimes against road traffic safety. The author proposes a methodology for initiating the necessary investigative actions by the victim’s representative in different types of interaction (constructive, official business, conflict) that develop at a later stage between them and representatives of the prosecution. Based on the analysis of Ukrainian legislation and its application practice, the study identified the range of problems arising in the practical activities of a representative of a road traffic accident victim at the subsequent stage of pre-trial investigation and suggested ways to resolve them. The use of the provisions of this study will contribute to the improvement of the activities of trial lawyers, increase the effectiveness of legal aid to victims of road accidents, and to further research in this area
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